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Ms. Michelle L. Hatcher Page 7 of 7 <br />June 22, 2011 <br />15. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions, thus dewatering is required to continue during the term <br />of this plan. Once dewatering at the site ceases, the delayed depletions must be <br />addressed, including depletions resulting from the gradual refilling of the pit. At least <br />three years prior to completion of dewatering at the Hokestra Pit, a plan must be <br />submitted that specifies how the post pumping dewatering depletions will be replaced, in <br />time, place and amount. <br />16. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />17. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />18. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Please contact Sarah Brucker in Denver at (303) 866 -3581, or Claudia Engelmann in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Attachments: Figures 1 and 2 <br />Table 4 <br />City of Greeley Lease <br />SVLH Lease <br />Sincerely, <br />Rein, P.E. <br />Assistant State Engineer <br />Cc: Claudia Engelmann, Assistant Division Engineer, Div1AccountingCdtstate.co.us <br />810 9 Avenue, Suite 200, Greeley, CO 80631, (970)- 352 -8712 <br />Shera Sumerford, District 5 Water Commissioner, Shera.Sumerford(state.co.us <br />1417 25th Avenue, Greeley, CO 80634, (970) 352 -5558 <br />Bob Carlson, District 6 Water Commissioner, Bob.Carlson(state.co.us <br />P.O. Box 380, Erie, CO 80516, (303) 438 -9303 <br />Division of Reclamation Mining and Safety <br />